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SMITH MACHINERY CORP. v. HESSTON, INC.

No. 14772.

694 P.2d 501 (1985)

102 N.M. 245

SMITH MACHINERY CORPORATION, Plaintiff-Appellant, v. HESSTON, INC., and Bob Estes d/b/a Estes International Farm & Truck Supply, Defendants-Appellees.

Supreme Court of New Mexico.

January 21, 1985.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, Jack P. Eastham, William S. Dixon, Richard C. Minzner, Albuquerque, for plaintiff-appellant.

Sutin, Thayer & Browne, Norman S. Thayer, Marianne Woodard, Albuquerque, Jennings & Christy, K. Douglas Perrin, Roswell, for defendants-appellees.

OPINION

SOSA, Senior Justice.

Plaintiff Smith Machinery Corporation, a farm implement dealer, sought an injunction and declaratory relief against Hesston Inc. alleging violations of motor vehicle dealer franchising requirements and practices in restraint of trade. Smith appeals the summary judgment granted Hesston by the district court as to the dealer franchising claim as well as the court's dismissal of the restraint of trade claim at the conclusion of...

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